In every populated area, the land has its maximum and minimum dimensions, which cannot be exceeded.
These sizes are prescribed in the rules of land use and development, and the authorities control that everyone follows them. And officials must set the limits wisely: take the minimum so that there is enough space for buildings, and choose the maximum so that there is enough land for as many applicants as possible.
In this article I will tell you what the maximum sizes of land plots are, why you need to know them and whether they can be changed in each individual case.
What is the maximum plot size?
In cities and villages, there are maximum and minimum land sizes. The authorities will not be able to just “cut” a plot of 100 square meters or a hectare for a regular private home. The maximum sizes are specified in the land use and development rules of the municipality. The sizes may vary not only by region, but also within one municipal district and even a settlement.
For example, in Astrakhan, the minimum area of new land plots for individual housing construction is 400 m². If the plot was formed and registered with the cadastral register before this norm came into force, there is no minimum. There is also no minimum if it is necessary to redistribute with lands in municipal or state ownership that are not delimited.
The maximum area of plots for individual housing construction in Astrakhan is 800 m². Redistribution of land up to 1000 m² is allowed in order to complete construction that has already begun.
The maximum dimensions from the point of view of the law are its characteristics within the framework of urban development regulations. . These also include the types of permitted use of the land plot, the permissible percentage and density of development, the maximum number of storeys of buildings, the distances of objects from the boundaries of the plot, and others.
Traditionally, it is considered that the maximum dimensions are the area, for example, not less than 2 and not more than 10 acres. In most cases, this is true, but in about 5% of municipalities, the linear dimensions of the plots are also limited. Especially their length along the front part: along the street, as a rule, it should not be less than 15-20 m. This is done to ensure the beauty of the street and compliance with safety standards.
What determines the maximum plot size?
When authorities determine land limits, they have to solve several problems.
Organize compliance with construction standards. It is necessary to give people the opportunity to use the site without violating any standards - urban planning, construction, sanitary, fire safety, environmental and others.
Thus, in many rural settlements the minimum maximum size of plots for running a personal subsidiary farm (PSF) is 12 ares. This size allows one to meet sanitary requirements: to place buildings for livestock at the required distance from neighbors and one’s home. At the same time, in Moscow any size of plot for PSF is considered sufficient.
But there are exceptions. For example, the classic 6 hundred square meters of millions of garden plots from the Soviet period do not allow for fire-prevention distances between wooden houses on neighboring plots. According to the standards, at least 15 meters are needed from one such house to another. The standards are not new, but 6 hundredths of a hectare in the USSR was set as the maximum size largely for political reasons.
This was done so that full-fledged private owners would not appear, capable of developing a household farm and competing with the state. Private ownership of plots arose in 1991, when a significant share of the land had already been distributed.
Ensure the availability of land. There is usually little of it, and it is impossible to allocate huge plots. And if possible, they will be expensive. The sharp rise in the cost of land and construction is pushing the authorities to reduce the minimum size to 4-6 acres. Entire cottage villages with such areas are appearing in areas where land is expensive, in particular in the Moscow region, where this has become widespread in recent years.
At the same time, about five years ago, in many municipalities of the Moscow Region, the maximum land plot sizes for individual housing construction and gardening were increased from 15-30 to 5,000 ares - 50 hectares. This was probably done in the interests of wealthy people, since ordinary buyers do not have the money to purchase plots of such an area.
How to get a town planning plan for a land plot
As a rule, the minimum and maximum sizes of plots in rural areas are larger than in urban areas. This is due to the lower land deficit.
The maximum sizes of land plots for household purposes, where no development is planned, are smaller than those for development plots. For example, for garden plots, the minimum size is 2 acres - this is enough to break up beds. And for development plots, it is usually no less than 4-6 acres.
Maintain fairness. Authorities are forced to take into account the historically established sizes of land plots.
For example, if for many years plots within the city limits were divided into 4 acres, to specify in the land use and development rules, say, 6 acres, would put the owners in an unequal position.
Let’s assume there was a historical minimum of 4 acres. The owner had two plots of 4 acres each, he combined them, and there were 8. They introduced a minimum of 6 acres. Now this owner cannot sell 4 acres and leave the rest. He cannot divide them either.
Another example is the area of land that is given to beneficiaries. There was a minimum of 4 hundred square meters - they gave 4, now there are 6 hundred square meters - they give 6. Unfair.
It is advisable to maintain historically established standards.
There are known cases where the minimum area of plots is deliberately inflated, probably so that only wealthy people buy them: in this way, a homogeneous social composition of the village residents is maintained.
For example, in the settlement of Zavidovo in the Konakovsky municipal district of the Tver region (popularly known as Tverskaya Rublevka), zones of estate development of the so-called increased comfort are provided. There, the area of the plot must be no less than 18 ares, the width along the front - from 30 m, and on plots from 30 ares, the construction of a second residential building is allowed.
Consider federal and regional restrictions. In some cases, the permissible sizes of land plots are determined not only by local urban planning regulations, but also by federal and regional laws.
For example, in the Moscow region, land that is provided to large families must be from 10 to 15 acres. .
Across the country, the maximum for a plot of land for private farming, if it has one owner or tenant, is 50 ares. A region can increase this limit, but not more than five times, with the exception of Arctic territories .
The area of new land plots for agricultural production is regulated by federal law For example, in the Moscow region it is 2 hectares. .
Why do you need to know the maximum plot size?
When buying a plot. When the maximum dimensions are known, it is clear what lands can be claimed when receiving them on lease or ownership from the municipality. It is also possible to check whether the law was violated when the authorities formed the plot - this happens.
When dividing or merging a plot. An existing plot can be divided or transformed in another way: merged with a neighboring one, redistributed, allocated a share. But with restrictions: the size of the new lands must not exceed the established limits.
Here is a real example, only conditional names. Elena owns a 4-hundredth plot for individual housing construction in Domodedovo, Vostryakovo microdistrict. Her neighbor Svetlana owns a plot of the same purpose with an area of 2.5 hundredths. The maximum minimum size of plots for individual housing construction in Domodedovo is 400 m².
Elena’s plot locks Svetlana’s plot from the street. The latter has to use a narrow path. Elena is ready to sell Svetlana 50 m² of her plot, and then Svetlana will be able to drive into hers by car.
But due to the maximum minimum sizes, selling these 50 m² is impossible. It is impossible to form a new plot of 50 m² from Elena’s plot, since both the new plot and the remainder of Elena’s land will be less than the maximum minimum size of 400 m². Separating 50 m² from Elena’s plot and immediately adding it to Svetlana’s plot by redistribution will also not work, since Elena’s new plot will be 350 m², i.e. less than the minimum size.
The only way out of this situation is to conclude a lease agreement for 50 m², for example for 49 years. You will have to register the leased part of the land plot with the cadastral register .
When specifying boundaries. During surveying, it is allowed to “cut off” a little more land than indicated in the documents, but there is a limit - no more than the maximum minimum size of a land plot of the corresponding category and type of permitted use.
Many sources write about 10% of the area of the plot according to the title document, but this is not true.
Let’s assume that Ivan owns a plot of land for individual housing construction with an area of 4 hundred square meters in Astrakhan. Since the maximum minimum size for such a purpose in Astrakhan is also 4 hundred square meters, the area can be increased by another 4 hundred square meters during surveying.
At the same time, the condition must be met that the specified area is not greater than the maximum limit. In Astrakhan, such a limit is not established, except in cases of provision of state and undistributed property lands. In other words, the addition is limited only by the minimum size.
When buying out a piece of land from municipal property. Sometimes neighboring state land is added to private land - it must be bought out, after which the new plot must be registered.
The size of the annexed part should not be greater than the minimum limit. It is believed that if it is greater, such a plot should not be redistributed in favor of the interested owner, since an independent land plot can be formed in this place. Then the municipal authority can put it up for auction.
For example, Maria owns land for individual housing construction in Istra, Moscow Region. She wants to redistribute it: to add 450 m² of neighboring land of undivided property to herself. In fact, we are talking about a buyout. The minimum size of new plots for individual housing construction in Istra is 500 m², and Maria’s new plot would clearly meet the requirements.
But Maria is refused. The administration specialists found out on the spot that a 600 m² plot of land could be formed from the adjacent territory and sold at auction. If the administration had satisfied Maria’s application, this would have indicated an irrational use of the land, since 150 m² would have remained unused.
How I bought a plot of land to build a house
When land is seized. This happens when, for example, a road is being built. The plot is not subject to seizure in its entirety if the remaining part is larger than the minimum land size for the corresponding purpose.
Here is a real example with changed names. Spouses Yulia and Andrey bought a plot of land of 10 acres in a quiet place of the Noginsk district of the Moscow region. They built a house near the forest. And a few years later it turned out that the multi-lane highway “Vostok” would pass nearby. Rosavtodor announced that it would forcibly buy out part of the land - about 2 acres. In the end, 8 acres will remain.
The couple asked to buy the entire plot of land from them along with the house: they did not want to live next to the highway. The company refused.
The permitted use was “dacha construction”, the maximum minimum size in the Noginsk district for such land is 4 acres. If Rosavtodor had to cut off a little more than 6 acres, the remainder would have been less than the maximum minimum size and the entire plot would have been bought from the spouses . It is forbidden to form plots smaller than the maximum minimum size.
The owners in the same area suffered the most , having had 30-40 m² of land taken away. The compensation was symbolic, and the neighborhood was unbearable.
When solving problems with the administration. The authorities regularly conduct land inspections and find violations: for example, many do not maintain fire distances between buildings.
If the minimum land plot size for development is insignificant, for example 4 hundred square meters, and the same in fact, the owner can count on leniency from the administration. After all, it itself created the conditions for people to build on such lands.
At the same time, the owner should not aggravate the situation: place their objects close to neighbors or exceed the permissible percentage of development, build a new house from fire-hazardous materials, knowing that it will not be possible to maintain the distance.
Can a neighbor build a house close to my fence?
How to find out the maximum dimensions of a plot The maximum sizes are specified in the land use and development rules of the municipality. The rules are published:
On the official websites of the administrations. In regional systems for supporting urban development activities, for example, the GIS OGD of Moscow or the geoportal of the Moscow region. In the Federal State Information System of Territorial Planning. First, you need to determine what territorial zone the land plot belongs to: residential, gardening, public and business, industrial or other. The land use and development regulations will include a map, usually called the “Urban Zoning Scheme” or something similar.
Having determined in which territorial zone the plot is located, you need to find the urban development regulations in the rules and look in it for the maximum and minimum land size.
Map of land use and development rules on the Moscow Region geoportal. On the left are the rules details, and in the Files section are the rules themselves. The same can be found on the city administration website,
What happens if you violate the maximum plot size?
Failure to comply with the maximum size of a land plot is a consequence of violations during its provision, formation or change, including when specifying boundaries. The owner of the plot cannot make such a mistake either legally or technically; this is the responsibility of the authorities or, for example, the cadastral engineer.
The first and, perhaps, the main negative consequence is the suspension and refusal of Rosreestr in state cadastral registration and registration of rights to such a plot .
But there are other problems.
The violation can be used by the opponent in a legal dispute. For example, if a neighbor files a lawsuit because a building is located too close to him, the violation of the maximum dimensions will be an argument in his favor.
If the maximum size limit is exceeded, it may be due to unauthorized land seizure.
The plot can be removed from the cadastral register and the right can be cancelled. This is done in court It happens that Rosreestr missed a violation of the maximum sizes, but then problems still arise.
This is also due to the fact that the maximum sizes are valid from the moment the land use and development rules are adopted. They are constantly changing, and there are also periods when the maximum sizes are not established. The administrative-territorial division, land category, type of permitted use, territorial zone and other characteristics of the plots also change.
Land category, plot purpose and permitted use: what to look for when buying a plot
The majority of household land plots were registered in the 1990s, before the land use and development regulations appeared, and it is not so easy to determine whether there were any violations of the maximum sizes at the time the plot was created.
The situation is aggravated by the fact that in many cases it is only possible to track changes in land use and development rules for a particular plot of land if you have a high-quality and expensive reference and legal system. This task cannot be accomplished using municipal websites.
To which areas are the maximum dimensions not applicable? The law lists cases when land plots do not have a maximum or minimum limit. :
If the land is located on the territory of monuments and ensembles included in the unified state register of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, including those identified. This is public land, for example the courtyard of a multi-story building. The site is intended for the placement of linear objects or is already occupied by them: for example, a power line or pipeline. The site is provided for the extraction of minerals. The urban development regulations regarding the maximum sizes for such land plots will state: “Does not apply.”
There are also no maximum sizes for all lands. :
forest fund; stock; specially protected natural areas; covered by surface waters; included in agricultural lands as part of agricultural lands; within the boundaries of special economic zones and territories of advanced development.
How to check if a land plot falls within a protected area?
In practice, the list of areas without limits is much wider. These may be areas for communication facilities, public utilities, law enforcement, landscaping, industrial and agricultural production, and others. The urban development regulations will state the following about the maximum sizes for them: “Not subject to establishment.”
There is one exception - Moscow. According to the rules of land use and development of the capital, the minimum and maximum sizes of land plots, including their area, are not established. The exception is plots for individual housing construction, private household plots, gardening and vegetable gardening: for them in Moscow there is a limit of 30 acres . There is no other such situation for household land plots in any other subject of the Russian Federation.
Cases where there are no requirements for maximum land plot sizes do not mean complete freedom, especially for large developers. For example, local urban planning regulations will specify how many square meters of land should be allocated to one place in a school or kindergarten.
Who is eligible for land tax benefits?
Is it possible to change the maximum dimensions of a land plot?
The maximum sizes of land plots can be changed by adjusting the rules of land use and development. But the arguments for such changes must be very weighty.
Thus, in the Odintsovo urban district of the Moscow region, the maximum minimum size of a land plot for individual housing construction was 8 hundred square meters for a long time, and in other municipalities of the region - 5-6. Now the size for Odintsovo has been changed to 5 hundred square meters, so that it is the same everywhere.
In the Leninsky urban district of the Moscow region, the maximum maximum plot size for private farming is 5,000 ares, although federal law allows for only 50 acres. There is no regional law that would clarify the federal norm. Someday this error will be corrected.
As for the initiatives of private developers to change the maximum sizes of land plots, they will most likely be rejected.
But there is an alternative way to change the size of a specific plot. If its area is less than the minimum size, or the plot is irregular in shape, or there are unfavorable engineering and geological conditions, based on the results of public hearings and on the permission of the administration, it is allowed to change up to 10% of the maximum development parameters of such a plot of land .
Individual housing construction: what is it and how to get land for construction
What to do if the maximum plot size is not set
It is now impossible to encounter a situation where maximum dimensions should be set for a land plot, but they are not included in the land use and development regulations. Not counting Moscow, where the absence of maximum dimensions is a deliberate position of the authorities.
If such a municipality is found, one can focus on previously existing regulations, regional requirements, technical standards and other norms that ensure comfortable and safe conditions for the use of land plots.
What taxes will have to be paid when selling a plot of land
What’s the bottom line?
The maximum and minimum dimensions of a plot are set by local authorities. Sometimes there are limits, or none at all, or only a minimum or maximum. As a rule, the area is limited, but in some cases there may be requirements, for example, for the length of a certain part of a plot of land. You need to know the maximum sizes to protect your rights when you need to divide or merge a plot, redistribute it, or buy new land from the municipality. In all these cases, you cannot violate the maximum sizes. The authorities prescribe the maximum land sizes in the land use and development rules. They are posted on the municipality’s website.